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(영문) 서울중앙지방법원 2013.11.21 2013고단542 (1)

사기

Text

Defendant shall be punished by a fine of 12,000,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal career] On August 10, 2012, the Defendant was sentenced to a suspended sentence of two years in the Seoul Central District Court for fraud, etc. on August 10, 2012, and the said judgment became final and conclusive on August 18, 2012.

【Criminal Facts】

On April 201, the Defendant posted an advertisement on the “C Kafin” of the Internet portal site (C Kaf, Gangnam-gu, Seoul)’s KRW 302,00,000,000.

On October 22, 2011, the Defendant entered into a contract with the victim E who reported and contacted the above advertisement and to lease the above D Building 302 to KRW 45 million.

However, in fact, the defendant was merely a lessee who entered into a monthly rent contract with the above D building 302, and there was no intention or ability to enter into a lease contract with the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim on October 22, 201, obtained KRW 800,000 from the victim as a provisional contract deposit, and acquired KRW 13.2 million as an intermediate payment on October 28, 201, and acquired KRW 14 million in total from the Defendant’s single bank account as an intermediate payment.

Summary of Evidence

1. Legal statement of the accused F;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of E;

1. Investigation report (Confirmation of an account used for criminal administration);

1. Each letter, each real estate lease contract, and each notarial deed;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of written judgments), and application of each written judgment (No. 17 and No. 18 of evidence lists);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.